Employee Plans and Agreements. Part 2.15(e) of the Disclosure Schedule contains an accurate and complete list of each material Company Employee Plan. No Acquired Company intends, nor has any Acquired Company committed, to establish or enter into any new Company Employee Plan, or to modify any Company Employee Plan (except to conform any such Company Employee Plan to the requirements of any applicable Legal Requirements, in each case as previously disclosed to Parent in writing or as required by this Agreement).
Employee Plans and Agreements. Part 2.15(e) of the Disclosure Schedule contains an accurate and complete list of each Company Employee Plan and each Company Employee Agreement. The Company does not intend and has not committed to establish or enter into any new Company Employee Plan or Company Employee Agreement, or to modify any Company Employee Plan or Company Employee Agreement (except to conform any such Company Employee Plan or Company Employee Agreement to the requirements of any applicable Legal Requirements, in each case as previously disclosed to Parent in writing or as required by this Agreement).
Employee Plans and Agreements. (a) Section 4.17(a) of the Company Disclosure Letter sets forth a complete and accurate list of each (i) “employee benefit plan” (as defined in Section 3(3) of ERISA), whether or not subject to ERISA, (ii) standard employment, individual consulting or other compensation agreement and any employment, individual consulting or other compensation agreements that differ from such standard terms and (iii) other employment, bonus, stock option, stock purchase or other equity-based benefit, incentive compensation, commission, profit sharing, savings, retirement, disability, vacation, sick leave, deferred compensation, severance, salary continuation, termination, retention, change of control and other similar fringe, welfare or other employee benefit plan, program, agreement, contract, policy or binding arrangement (whether or not in writing) maintained, entered into or contributed to by the Company, a Subsidiary or any of their respective ERISA Affiliates, or with respect to which the Company or any of its Subsidiaries has or could have any Liability, for the benefit of any current or former employee or director of the Company or any of its Subsidiaries (each, an “Employee Plan” and collectively, the “Employee Plans”).
(b) With respect to each Employee Plan, to the extent applicable the Company has made available to LKQ and Parent complete and accurate copies of (A) the most recent annual report on Form 5500 required to have been filed with the IRS for each Employee Plan, including all schedules thereto, (B) the most recent determination letter or opinion letter, if any, from the IRS for any Employee Plan that is intended to qualify under Section 401(a) of the Code, (C) the plan documents and any amendments thereto, summary plan descriptions and summaries of material modifications, or a written description of the terms of any Employee Plan that is not in writing, (D) any related trust agreements, insurance contracts, insurance policies or other documents of any funding arrangements and (E) any written notices to or from the IRS, DOL, Department of Health and Human Services, Pension Benefit Guaranty Corporation or other Governmental Authority relating to any compliance issues in respect of any such Employee Plan.
(c) No Employee Plan is, and none of the Company, any of its Subsidiaries or any of their respective ERISA Affiliates maintains, contributes to, is required to contribute to, or participates in, nor has maintained, contributed to, been required to contribu...
Employee Plans and Agreements. Seller is not a party to any collective bargaining or labor agreement or to any written employment agreement, profit sharing, deferred compensation, bonus, stock option, stock purchase, pension, retainer, consulting, retirement, welfare, or incentive plan or any other like agreement or plan; nor does it have in place any policy or commitment relating to increases in the rate of remuneration for the benefit of present or former employees, whether or not unionized, of Seller, other than as set forth in Exhibit 4.9.
Employee Plans and Agreements. Part 2.16(e) of the Disclosure Schedule contains an accurate and complete list of each Acquired Companies Employee Plan and each Acquired Companies Employee Agreement (other than at-will offer letters that contain no severance or change of control provisions). None of the Acquired Companies intends or has committed to establish or enter into any new Acquired Companies Employee Plan or Acquired Companies Employee Agreement, or to modify any Acquired Companies Employee Plan or Acquired Companies Employee Agreement (except to conform any such Acquired Companies Employee Plan or Acquired Companies Employee Agreement to the requirements of any applicable Legal Requirement, in each case as previously disclosed to the Purchaser in writing or as required by this Agreement). No Acquired Companies Employee Plan provides health benefits that are not fully insured through an insurance contract other than a health flexible spending account (FSA).
Employee Plans and Agreements. Part 2.15(e) of the Disclosure Schedule contains an accurate and complete list of each Company Employee Plan and each Company Employee Agreement. The Company does not intend (and the Company has not committed) to establish or enter into any new Company Employee Plan or Company Employee Agreement, or to modify any Company Employee Plan or Company Employee Agreement (except to conform any such Company Employee Plan or Company Employee Agreement to the requirements of any applicable Legal Requirements, the annual renewal of any Company Employee Plan in the ordinary course of business consistent with past practice or as required by this Agreement).
Employee Plans and Agreements. (1) There does not exist, nor in the past has there existed, any pension plans, profit sharing plans, retirement, stock option, stock purchase, incentive, bonus, life, medical, vision, health, disability or accident plans, deferred compensation plans, or other employee compensation or benefit plans, agreements, practices, written policies, customs, contracts, arrangements or commitments, including without limitation severance agreements, holiday, vacation or other similar matters, voluntary employees' beneficiary associations, other "employee welfare benefit plans" (as defined in Section 3(1) of ERISA), "employee pension benefit plans" (as defined in Section 3(2) of ERISA) or labor union agreements, in each case relating to officers or employees (including former officers or employees) of Landlord (or any of its affiliates) who perform services to, in the name of or for the benefit of the business ("Employees") (collectively "Plans" and individually a "Plan").
(2) No prohibited transaction exists which could subject Landlord or Tenant to any liability or civil penalty assessed pursuant to Section 502(i) of ERISA or a Tax imposed by Section 4975 of the Code. Neither Landlord, nor any of its affiliates, nor any administrator or fiduciary of any Plan (or agent of any administrator or fiduciary of any Plan (or agent of any of the foregoing) has engaged in any transaction or acted or failed to act in a manner which is likely to subject Landlord to any liability for a breach of fiduciary or other duty under ERISA or any other applicable law. The transactions contemplated by the Lease and Operative Documents will not be, or cause any, prohibited action (within the meaning of Section 406 of ERISA and/or Section 4975 of the Code).
Employee Plans and Agreements. Part 2.15(e) of the Disclosure Schedule contains an accurate and complete list of each Acquired Company Employee Plan and each Acquired Company Employee Agreement. No Acquired Company intends or has committed to establish or enter into any new Acquired Company Employee Plan or Acquired Company Employee Agreement, or to modify any Acquired Company Employee Plan or Acquired Company Employee Agreement (except to conform any such Acquired Company Employee Plan or Acquired Company Employee Agreement to the requirements of any applicable Legal Requirements, in each case as previously disclosed to Parent in writing or as required by this Agreement).
Employee Plans and Agreements. Part 3.13 of the Disclosure Letter lists all of the profit sharing plans and all of the retirement, stock option, stock purchase, bonus, life, medical, vision, health, disability or accident plans, deferred compensation plans, severance agreements, and other employee compensation or benefit plans, agreements and arrangements, including, without limitation, all "plans" as defined in Section 3(3) of ERISA, relating to officers or employees (including former officers or employees) of DigiCourse or Limited pursuant to which DigiCourse or Limited has any liability (contingent or otherwise) (collectively, the "Plans" and individually, a "Plan"). DigiCourse and Limited have complied with all Legal Requirements governing, and terms and conditions of, the Plans. Since April 1, 1998, DigiCourse has maintained workers' compensation coverage as required by applicable state law through purchase of insurance and not by self-insurance, and DigiCourse has no liabilities for prior workers' compensation self-insurance.
Employee Plans and Agreements. Part 3.16(e) of the Disclosure Schedule contains an accurate and complete list of each Acquired Company Employee Plan and each Acquired Company Employee Agreement (other than Acquired Company Employee Agreements that are in the standard form attached to Part 3.11(e) of the Disclosure Schedule) in respect of current Acquired Company Employees. None of the Acquired Companies intends (and none has committed) to establish or enter into any new Acquired Company Employee Plan or Acquired Company Employee Agreement, or to modify any Acquired Company Employee Plan or Acquired Company Employee Agreement (except to conform any such Acquired Company Employee Plan or Acquired Company Employee Agreement to the requirements of any applicable Legal Requirements, in each case, as previously disclosed to Purchaser in writing or as required by this Agreement).
